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Opinions June 12, 2013

June 12, 2013
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Indiana Court of Appeals
John H. Mooney, as Special Administrator of the Estate of Joseph S. Mooney, Deceased v. Anonymous M.D. 4, Anonymous M.D. 5, and Anonymous Hospital
32A04-1208-CT-414
Civil tort. Reverses order dismissing with prejudice Mooney’s proposed complaint for damages in a medical malpractice action. The trial court did not have jurisdiction to dismiss under Trial Rule 41(E), and it abused its discretion when it dismissed the proposed complaint under I.C. 34-18-10-14.

Mark Kevin Liston v. State of Indiana (NFP)
45A05-1207-CR-385
Criminal. Grants rehearing and reverses the trial judge’s rescission of the referee’s order granting Liston post-conviction relief. Remands for proceedings.

Shaun Wilkinson v. State of Indiana (NFP)

33A04-1209-CR-478
Criminal. Affirms convictions of Class A felonies dealing in a schedule III controlled substance within 1,000 feet of a family housing unit.

Allen Stewart v. Jennifer Miller (NFP)

53A01-1212-PO-541
Protective order. Affirms order of protection issued at the request of Miller.

Robert O. Morris v. State of Indiana (NFP)

49A04-1211-CR-571
Criminal. Affirms conviction of Class C felony battery.

Stanley B. Crumble a/k/a Melvin Coleman v. State of Indiana (NFP)
32A01-1211-PC-487
Post conviction. Affirms denial of petition for post-conviction relief.

Tarrence Lee v. State of Indiana (NFP)
71A03-1301-CR-5
Criminal. Affirms murder conviction.

E.W. v. State of Indiana (NFP)
49A02-1211-JV-918
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor criminal trespass if committed by an adult.

City of Jeffersonville, Indiana and City of Jeffersonville Sanitary Sewer Board v. Environmental Management Corporation (NFP)
10A01-1210-PL-485
Civil plenary. Reverses the trial court’s award of attorney fees in favor of Environmental Management Corporation and remands with instructions.

Tyrone Walker v. State of Indiana (NFP)

49A02-1211-CR-933
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana.

Term. of Parent-Child Rel. of Q.R., J.B., and J.R. v. Indiana Department of Child Services (NFP)
80A02-1211-JT-909
Juvenile. Affirms termination of parental rights.

Jawyan James Townes v. State of Indiana (NFP)
02A03-1210-CR-441
Criminal. Affirms conviction of Class D felony possession of marijuana.

Sherard Taylor v. State of Indiana (NFP)

49A02-1210-CR-794
Criminal. Affirms conviction of Class C felony fraud on a financial institution.

Edward T. Bronaugh v. State of Indiana (NFP)

49A02-1210-CR-832
Criminal. Affirms convictions of Class D felonies battery and residential entry, Class A misdemeanor resisting law enforcement, Class B misdemeanors disorderly conduct and public intoxication and Class C misdemeanor public nudity.

Tracey B. Young v. State of Indiana (NFP)
45A05-1210-CR-525
Criminal. Affirms convictions of Class C felony and Class D felony criminal confinement, Class D felony strangulation and Class D felony domestic battery.


The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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